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FAQs

General Personal Injury
  • General Personal Injury
  • Medical Expenses and Treatment
  • Auto Accident
  • Debt Collection and Consumer Right
  • Insurance and Settlement

General Personal Injury FAQs in New Hampshire

What factors determine the value of my personal injury case in New Hampshire?

The value of a personal injury case in New Hampshire is influenced by several key factors, including:

  • Severity of Injuries: More severe injuries generally result in higher compensation.
  • Medical Expenses: This includes hospital bills, ongoing treatments, surgeries, and future medical needs.
  • Lost Wages and Earning Capacity: If you’re unable to work due to the injury, compensation can cover lost wages and potential future earning loss.
  • Pain and Suffering: Physical pain, emotional distress, and the overall impact on your quality of life are considered.
  • Comparative Negligence: New Hampshire’s comparative negligence rule means your compensation is reduced if you’re partially at fault. For instance, if you’re 20% at fault, your total award is reduced by 20%.

Due to the complexity of these factors, working with a local New Hampshire personal injury attorney can help ensure you receive fair compensation.

How long does a personal injury case take to settle in New Hampshire?

The timeframe for settling a personal injury case in New Hampshire can vary:

  • Simple Cases: This may resolve in six months or less.
  • Complex Cases: Those involving serious injuries, contested liability, or multiple parties can take one to two years or more.
  • Medical Treatment Completion: It’s best to wait until you reach maximum medical improvement (MMI) to understand the full scope of your damages.
  • Negotiation vs. Litigation: Negotiations generally take less time, but if the case goes to court, it can prolong the process significantly.

For a more precise estimate, it’s best to consult with an experienced attorney familiar with New Hampshire personal injury cases.

What is the statute of limitations for personal injury cases in New Hampshire?

In New Hampshire, the statute of limitations for personal injury cases is three years from the date of the injury. This means you must file a lawsuit within three years or risk losing your right to pursue compensation.

    Exceptions:
  • Minors: If the injured party is under 18, the statute of limitations typically begins when they turn 18.
  • Delayed Discovery: In some cases, such as latent medical issues, the statute may begin when the injury is discovered or should have been discovered.

Acting quickly is crucial to protect your legal rights.

Can I file a claim if I was injured in a car accident in Manchester, NH, or another New Hampshire city?

Yes, you can file a personal injury claim for a car accident that occurred in any New Hampshire city, such as Manchester, Nashua, or Concord. To strengthen your claim:

  1. Document the Scene: Take photographs of the accident scene and gather witness information.
  2. Seek Medical Attention: Visit a healthcare professional even if you feel uninjured.
  3. Contact Authorities: Report the accident to the police and get a copy of the report.

After these steps, consulting with a local personal injury attorney will ensure your case is handled effectively.

How does comparative negligence work in New Hampshire personal injury cases?

New Hampshire follows a modified comparative negligence rule:

  1. Recovery Allowed: You can recover damages as long as your share of fault is less than 50%.
  2. Compensation Reduction: If you’re partially at fault, your compensation is reduced by your percentage of fault. For example, if you are 30% at fault and awarded $100,000, your final compensation would be reduced by 30%, leaving you with $70,000.
  3. No Recovery: If you are found to be 50% or more at fault, you are not eligible for any compensation.

This rule highlights the importance of gathering strong evidence to minimize your percentage of fault.

What should I do immediately after a car accident in New Hampshire?

After a car accident in New Hampshire, follow these steps:

  1. Ensure Safety: Move to a safe area and check for injuries.
  2. Call Emergency Services: Report the accident to local authorities and request medical assistance if needed.
  3. Document the Scene: Take photos of vehicle damage, road conditions, and any visible injuries.
  4. Exchange Information: Share contact and insurance details with other parties involved.
  5. Avoid Admitting Fault: Do not discuss fault at the scene. Instead, report facts objectively.
  6. Contact a Lawyer: Reach out to a personal injury attorney as soon as possible for guidance.
Can I still recover compensation if I was partially at fault in a New Hampshire car accident?

Yes, under New Hampshire’s comparative negligence rule, you can recover compensation as long as your fault is less than 50%. Your total compensation will be reduced by your share of fault. For example:

  • If you’re 40% at fault, and the total damages are $50,000, you’ll receive $30,000 (60% of the total).

Working with a skilled attorney can help reduce your percentage of fault, ensuring you receive a fair settlement.

Why is it important to work with a New Hampshire personal injury attorney?

Working with a local attorney provides numerous benefits:

  • Knowledge of State Laws: A New Hampshire attorney understands the state’s unique laws and court procedures.
  • Familiarity with Insurance Companies: Local attorneys are familiar with the tactics used by New Hampshire insurers, which can aid in negotiations.
  • Experience with Similar Cases: An attorney who has handled cases like yours can offer tailored legal strategies and maximize your compensation.
What should I do if I miss work due to my injuries in New Hampshire?

If you miss work due to injuries sustained in an accident, take these steps:

  1. Document Missed Days: Keep a record of the days and hours you missed.
  2. Get a Doctor’s Note: Ensure your healthcare provider documents your inability to work.
  3. Notify Your Employer: Inform your employer about your condition and provide updates as necessary.
  4. Consult with an Attorney: A lawyer can help include lost wages as part of your claim, including future earning capacity if applicable.
What are the most common types of personal injury claims in New Hampshire?

The most common personal injury claims in New Hampshire are:

  • Car Accidents: Often resulting from distracted or impaired driving.
  • Slip and Fall Incidents: Caused by unsafe premises conditions, such as icy walkways or wet floors.
  • Dog Bites: New Hampshire’s laws make owners liable for injuries caused by their dogs.
  • Workplace Injuries: Especially prevalent in high-risk industries like construction.

Each claim type requires specific legal strategies, so working with a lawyer who understands New Hampshire law is essential for success.

Medical Expenses and Treatment FAQs in New Hampshire

How are medical bills handled in New Hampshire personal injury cases?

In New Hampshire, medical bills are typically paid from your settlement or verdict, not directly by the at-fault party. This means:

  • Health Insurance Use: You may need to use your health insurance initially to cover medical expenses. If you don’t have insurance, medical providers may agree to treat you on a lien basis, meaning they’ll be paid from your future settlement.
  • Settlement Allocation: When your case settles, your attorney will ensure that all medical bills, liens, and other expenses are addressed from the settlement amount.
  • Negotiating Liens: Your personal injury attorney can negotiate medical liens with healthcare providers or insurers to reduce the amount owed, allowing you to retain more of your settlement.

It’s crucial to work with an attorney who understands the complexities of medical bill handling in New Hampshire personal injury cases.

Why is it important to reach maximum medical improvement before settling a New Hampshire personal injury case?

Reaching maximum medical improvement (MMI) is essential because:

  • Comprehensive Understanding of Injuries: MMI indicates that you have recovered as much as possible, providing a clearer picture of your long-term health and medical needs.
  • Accurate Estimation of Future Costs: Settling before reaching MMI could result in a lower settlement since future medical expenses may not be accounted for. For example, if you need ongoing physical therapy or future surgeries, these costs should be included in your settlement demand.
  • Preventing Premature Settlements: Insurance companies may push for early settlements to minimize their payouts. Waiting until MMI ensures that you’re fairly compensated for all past and future damages.

Your New Hampshire personal injury attorney will advise you on the best time to settle based on your medical condition and prognosis.

How do I handle medical liens in a New Hampshire personal injury case?

Medical liens are claims made by healthcare providers or insurers to recover costs from your settlement. Handling these liens involves:

  • Identifying Liens: Your attorney will identify all potential liens, including those from health insurance companies, medical providers, or government programs like Medicare.
  • Negotiation and Reduction: An experienced New Hampshire attorney can negotiate to reduce these liens, especially if the settlement is limited. Reductions mean more money in your pocket after all bills are paid.
  • Payment from Settlement: Once the case is settled, the agreed-upon amounts will be paid directly from the settlement to satisfy these liens.

Proper management of medical liens is crucial to ensure you receive the maximum possible compensation.

What should I do if I experience back pain or numbness after an accident in New Hampshire?

If you experience back pain or numbness after an accident, it’s critical to:

  1. Seek Immediate Medical Attention: Even if the pain seems minor, it could be indicative of a serious injury, such as a herniated disc or nerve damage.
  2. Request an MRI: X-rays can miss soft tissue injuries, while MRIs provide a detailed view of your spine and other soft tissues. Early diagnosis is essential for your health and strengthens your personal injury claim.
  3. Follow Medical Advice: Comply with all recommended treatments and follow-up appointments to show that you’re taking your recovery seriously.

Documenting these symptoms and treatments helps establish a connection between the accident and your injuries.

Why is an MRI important for diagnosing spine injuries in New Hampshire personal injury cases?

An MRI (Magnetic Resonance Imaging) is crucial because:

  • Detects Soft Tissue Damage: Unlike X-rays, MRIs can identify soft tissue injuries such as herniated discs, torn ligaments, or nerve compression, which are common in car accidents.
  • Provides Clear Evidence: MRI results can be used as objective evidence in personal injury claims, helping to prove the extent and cause of your injuries.
  • Counters Insurance Company Arguments: Insurers often dispute the seriousness of spine injuries. An MRI helps counter these arguments by providing detailed, visual proof of your injuries.

In many cases, New Hampshire personal injury attorneys recommend MRIs to ensure that no injuries go undetected or are underreported.

Can I recover compensation for future medical expenses in a New Hampshire personal injury case?

Yes, you can recover compensation for future medical expenses as part of your settlement. This includes:

  • Projected Costs for Ongoing Treatment: Such as physical therapy, medication, surgeries, or specialized care.
  • Expert Testimony: Your attorney will work with medical experts to provide an estimate of your future medical costs based on your condition.
  • Inclusion in Settlement Demand: These projected expenses are included in your settlement demand to ensure that you’re not left paying out-of-pocket for future care.

It’s essential to have an attorney who can accurately calculate these future expenses and support them with expert opinions.

How do I handle medical bills if the other driver was at fault in a New Hampshire accident?

If the other driver was at fault in your New Hampshire accident, you should:

  1. Use Your Health Insurance Initially: Your health insurance can cover immediate medical expenses while your case is pending.
  2. Document All Bills: Keep track of all medical bills, copayments, and deductibles related to your treatment.
  3. Seek Reimbursement: Your attorney will seek to recover these costs from the at-fault driver’s insurance company or through a settlement.

Don’t pay these bills out-of-pocket if you can avoid it; instead, let your attorney handle the reimbursement process.

What is MEDPAY, and why is it important in New Hampshire personal injury cases?

MEDPAY is a type of optional insurance coverage in New Hampshire that:

  • Covers Medical Expenses: MEDPAY can cover immediate out-of-pocket medical costs regardless of who was at fault.
  • No Deductibles or Copays: It pays for expenses like ambulance fees, ER visits, and initial treatments without deductibles.
  • Applies to Passengers: MEDPAY can also cover passengers in the insured vehicle, providing additional coverage in the event of an accident.

Having MEDPAY can be a valuable resource in the aftermath of an accident, helping you manage expenses while your case is pending.

Can I claim MEDPAY if I’m a passenger in another person’s car in New Hampshire?

Yes, as a passenger, you can claim MEDPAY under the driver’s policy if the vehicle has MEDPAY coverage. This coverage can help pay for:

  • Medical Expenses: Such as emergency room visits, initial consultations, or diagnostic tests.
  • Supplemental Coverage: If you have your own health insurance, MEDPAY can be used to cover deductibles and copays, reducing your out-of-pocket expenses.

Consult with your attorney to ensure all eligible coverage options are pursued.

Why should I not pay MRI bills directly in a New Hampshire personal injury case?

It’s advisable not to pay MRI bills directly because:

  • Documentation and Negotiation: Your attorney can document these bills and negotiate with providers to potentially reduce the amount owed.
  • Settlement Handling: MRI and other medical bills are typically addressed as part of the settlement negotiations, ensuring you don’t overpay or compromise your case.
  • Avoid Financial Strain: By sending these bills to your attorney, you can avoid the financial burden of paying large medical expenses upfront.

Let your attorney handle the billing and settlement negotiations to ensure a fair outcome.

Auto Accident FAQs in New Hampshire

What should I do if I’m involved in a car accident in Manchester, NH?

If you’re involved in a car accident in Manchester, NH, follow these steps:

  1. Contact the Manchester Police Department: Report the accident and ensure a police report is filed, even for minor collisions. This report serves as crucial evidence in any potential personal injury or property damage claim.
  2. Seek Medical Attention: Visit a healthcare provider immediately, even if you don’t feel injured. Some injuries, like whiplash or concussions, may not present symptoms until days after the accident.
  3. Document the Scene: Take photos of the accident site, vehicle damage, road conditions, and any visible injuries. Collect contact information from all parties involved, as well as any witnesses.
  4. Avoid Admitting Fault: Stick to factual statements when speaking to others or police officers and refrain from admitting any fault at the scene.
  5. Consult with a New Hampshire Personal Injury Attorney: An attorney will guide you through the next steps, including dealing with insurance companies and ensuring your rights are protected.

Taking these steps promptly helps safeguard your legal rights and ensures a stronger case if you decide to pursue compensation.

What are the most common causes of car accidents in New Hampshire?

The most common causes of car accidents in New Hampshire include:

  • Distracted Driving: Activities such as texting, talking on the phone, eating, or adjusting the radio divert attention away from the road.
  • Speeding: Driving above the speed limit reduces reaction time and increases the severity of accidents.
  • Adverse Weather Conditions: Snow, ice, fog, and rain are common in New Hampshire, making it essential to drive cautiously.
  • Driving Under the Influence: Alcohol and drugs impair judgment, reaction time, and coordination.
  • Reckless Driving: Tailgating, aggressive lane changes, and road rage incidents contribute to a high number of crashes.

Understanding the cause of the accident helps your attorney build a strong case by identifying the liable party and establishing negligence.

Should I speak with the other party’s insurance adjuster after an accident in New Hampshire?

No, it’s best to avoid speaking with the other party’s insurance adjuster until you’ve consulted with your attorney. Here’s why:

  • Statements Can Be Used Against You: Anything you say to an insurance adjuster can be misconstrued and used to reduce or deny your claim.
  • Pressure to Settle Quickly: Adjusters may offer a quick, low settlement before the full extent of your injuries is known.
  • Lack of Representation: Without legal advice, you may not fully understand your rights or the true value of your claim.

Instead, refer the adjuster to your attorney, who can handle all communications and negotiations on your behalf.

What is a diminution in value claim in New Hampshire?

A diminution in value claim allows you to recover the loss in value of your vehicle after it’s been significantly damaged and repaired. Even if your car is restored to its pre-accident condition, it may still be worth less due to its accident history.

  • Eligibility: You may qualify for a diminution in value claim if your car has undergone substantial repairs or if it is a newer vehicle.
  • How It Works: Your attorney can work with an appraiser to determine how much value your vehicle has lost and include this amount in your compensation demand.
  • Why It’s Important: Such claims ensure you are compensated not only for the repair costs but also for the reduced resale value of your vehicle.

Consult with a New Hampshire personal injury attorney to assess your eligibility for a diminution in value claim.

What car insurance add-ons should I have in New Hampshire?

While New Hampshire doesn’t require car insurance, it’s wise to consider these add-ons to protect yourself against unforeseen expenses:

  • Comprehensive Coverage: This covers damages not caused by a collision, such as theft, vandalism, or weather-related damage.
  • Underinsured/Uninsured Motorist Coverage: Provides protection if you’re involved in an accident with a driver who lacks sufficient insurance coverage.
  • Enhanced Medical Payment Coverage (MEDPAY): Covers immediate medical expenses for you and your passengers, regardless of fault.
  • Collision Coverage: Pays for repairs to your vehicle if you’re at fault in an accident.

These add-ons offer additional protection and peace of mind in the event of an accident.

Can I still file a claim if I’m involved in a hit-and-run accident in New Hampshire?

Yes, you can file a claim if you’re involved in a hit-and-run accident under your uninsured motorist coverage. Follow these steps:

  1. Report the Incident to the Police Immediately: The police report will document the hit-and-run and is necessary for your insurance claim.
  2. Seek Medical Attention: Visit a healthcare provider, even if injuries seem minor.
  3. Document the Scene: Take photos and gather witness statements, if available.
  4. Contact Your Insurance Company: File a claim under your uninsured motorist coverage, which will compensate for your injuries and property damage.

Consulting with a personal injury attorney will ensure that you’re taking all the necessary steps and maximizing your compensation.

What should I do if I’m involved in a car accident with an out-of-state driver in New Hampshire?

If you’re in an accident with an out-of-state driver, follow these steps:

  1. Document the Scene and Gather Evidence: Take photos and obtain contact information from all parties involved.
  2. Report the Accident to Local Authorities: A police report will be crucial for your insurance claim.
  3. Seek Medical Attention: Visit a doctor to evaluate any potential injuries.
  4. Contact a New Hampshire Attorney: Out-of-state accidents can involve complex jurisdictional issues. Your attorney will handle these complexities and ensure the correct legal steps are followed.

An experienced New Hampshire attorney will be familiar with handling claims against out-of-state drivers, simplifying the process for you.

How do I handle property damage claims in New Hampshire?

To handle property damage claims effectively:

  1. Document All Damages: Take detailed photos of vehicle damage and obtain repair estimates from reputable mechanics.
  2. Request OEM Parts: Ask for Original Equipment Manufacturer (OEM) parts to maintain your vehicle’s quality.
  3. Consider a Diminished Value Claim: If the accident significantly decreases your vehicle’s value, discuss a diminished value claim with your attorney.
  4. Negotiate with Insurers: Let your attorney negotiate with the insurance company to ensure that all repair costs are covered.

By working with a New Hampshire attorney, you can ensure that all aspects of your property damage claim are handled properly and fairly.

What is the penalty for driving without insurance in New Hampshire?

New Hampshire is unique in that it does not require car insurance; however:

  • Liability for Damages: If you cause an accident, you can be held personally liable for all damages, which can result in significant financial burdens.
  • Potential License Suspension: You may face a suspension of your driving privileges if you are unable to pay for the damages caused.
  • Recommended Coverage: It’s strongly recommended to carry at least minimum liability insurance to protect yourself from financial risks.

Even though insurance isn’t mandatory, carrying coverage is the best way to safeguard your assets in the event of an accident.

How can I prepare for winter driving in New Hampshire?

To prepare for winter driving in New Hampshire:

  • Equip Your Vehicle with Winter Tires: Winter tires provide better traction on snow and ice.
  • Check Your Insurance Coverage: Ensure that your policy includes comprehensive coverage for potential winter-related accidents.
  • Keep an Emergency Kit in Your Car: Include items such as blankets, a flashlight, jumper cables, and non-perishable food.
  • Drive Cautiously: Reduce speed, maintain a safe distance, and avoid sudden braking to minimize the risk of skidding or losing control.

Winter conditions are a leading cause of accidents in New Hampshire, so it’s important to take these precautions to stay safe on the road.

Debt Collection and Consumer Rights FAQs in New Hampshire

What are my rights under the Fair Debt Collection Practices Act (FDCPA) in New Hampshire?

Under the Fair Debt Collection Practices Act (FDCPA), New Hampshire residents have the right to be free from harassment, misleading communication, and unfair practices by debt collectors. Some of the rights you have include:

  • Freedom from Harassment: Debt collectors cannot use threats, abusive language, or repeated phone calls intended to annoy or harass you.
  • Protection from Misleading Practices: Collectors cannot provide false information, misrepresent the amount owed, or claim to be someone they’re not (e.g., law enforcement or an attorney).
  • Written Validation of Debt: You have the right to request a written validation notice detailing the debt within five days of initial contact.
  • Ability to Stop Communication: You can send a cease and desist letter to stop all communications, except those related to legal actions

If a debt collector violates any of these rights, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or contact a New Hampshire consumer rights attorney to explore your legal options.

Can a debt collector garnish my wages in New Hampshire?

Yes, a debt collector can garnish your wages in New Hampshire, but only after obtaining a court judgment. Key points to consider:

  • Court Approval Required: A debt collector must sue you in court and win a judgment before wage garnishment can occur.
  • Garnishment Limits: Under New Hampshire law, the amount garnished cannot exceed 25% of your disposable earnings or the amount by which your weekly earnings exceed 50 times the federal minimum wage, whichever is less.
  • Exempt Income: Certain types of income, such as Social Security, unemployment benefits, and veteran’s benefits, are exempt from garnishment and cannot be used to satisfy debts.

If you receive notice of a wage garnishment, it’s advisable to consult with an attorney to understand your rights and explore ways to contest or reduce the garnishment.

What should I do if I am overwhelmed by debt collector harassment in New Hampshire?

If you’re overwhelmed by debt collector harassment in New Hampshire, you can take the following steps:

  1. Send a Cease and Desist Letter: This letter formally requests that the debt collector stops all communication with you. Once received, the collector can only contact you to confirm receipt or inform you of legal actions.
  2. Inform the Collector of Any Exempt Income: If you receive exempt income, such as Social Security or disability benefits, inform the collector to prevent wrongful attempts at garnishment.
  3. Dispute the Debt: You have the right to dispute any debt within 30 days of receiving the first communication from the collector. This requires the collector to verify the debt before continuing collection efforts.

If harassment persists, contact a New Hampshire consumer rights attorney for assistance in filing a complaint or pursuing legal action against the collector.

Can a debt collector contact me at work in New Hampshire?

No, a debt collector cannot contact you at work if you have requested in writing that they cease such communication. Here’s what you need to know:

  • Workplace Communication Restrictions: Under the FDCPA and New Hampshire law, once you inform a debt collector that you’re not allowed to receive personal calls at work, they must stop contacting you at your place of employment.
  • Sending a Written Request: To stop these calls, send a written request to the collector, specifying that you want all workplace communication to cease.
  • Document the Request: Keep a copy of your letter and any confirmation you receive for your records, in case the debt collector violates the request.

If the collector continues to contact you at work despite your request, you can take legal action with the help of a consumer rights attorney.

What should I include in a cease and desist letter to a debt collector in New Hampshire?

When drafting a cease and desist letter to a debt collector in New Hampshire, include the following:

  • Your Name and Address: Clearly state your full name and address to ensure the collector knows who the letter pertains to.
  • Debt Information: Provide your account number and any other identifying information about the debt.
  • Request to Cease Communication: Explicitly state that you want all communication regarding this debt to cease immediately, as permitted under the FDCPA.
  • Keep a Copy for Your Records: Retain a copy of the letter and send it via certified mail with a return receipt requested. This way, you have proof that the collector received your letter.

Once received, the debt collector must comply, except for informing you of specific legal actions.

Can I negotiate with debt collectors on my own in New Hampshire?

Yes, you can negotiate with debt collectors on your own in New Hampshire, but exercise caution:

  • Get Everything in Writing: Ensure that any settlement or payment plan agreement is in writing before making any payments.
  • Avoid Acknowledging the Debt: Be mindful not to inadvertently acknowledge the debt, especially if it’s past the statute of limitations, as this could restart the clock for legal action.
  • Consider Professional Help: If you’re unsure of how to proceed, a New Hampshire attorney or a reputable credit counselor can help negotiate on your behalf and ensure your rights are protected.

Handling negotiations yourself is possible, but professional assistance can often result in more favorable outcomes.

How does a New Hampshire attorney help with debt collection issues?

A New Hampshire attorney can assist with debt collection issues in several ways:

  • Sending Cease and Desist Letters: An attorney can formally request that all communication stop, providing legal backing to the request.
  • Disputing Debts: If you believe the debt is invalid or inaccurate, your attorney can dispute the debt and require the collector to provide proof.
  • Negotiating Settlements: An attorney can negotiate with debt collectors to reduce the total amount owed, set up payment plans, or explore other debt-relief options.
  • Representing You in Court: If a debt collector files a lawsuit, your attorney can defend you, file motions to dismiss, or negotiate a favorable settlement.

Consulting with an attorney ensures that your rights are upheld and helps you achieve the best possible resolution.

What should I do if I receive a debt collection lawsuit in New Hampshire?

If you receive a debt collection lawsuit in New Hampshire:

  1. Do Not Ignore It: Respond to the lawsuit within the required timeframe, which is typically 30 days.
  2. Consult an Attorney Immediately: A New Hampshire attorney can review your case, explain your options, and represent you in court if necessary.
  3. Gather Relevant Documentation: Collect all documents related to the debt, such as account statements, communication records, and any proof of payment.
  4. Explore Defense Options: Your attorney may be able to contest the debt’s validity, question the statute of limitations, or negotiate a settlement.

Ignoring a lawsuit can lead to a default judgment against you, so it’s crucial to act quickly.

Can debt collectors take my home or car in New Hampshire?

Debt collectors can pursue your home or car through a court judgment, but New Hampshire has exemptions that may protect these assets:

  • Homestead Exemption: Protects up to $120,000 of equity in your primary residence.
  • Vehicle Exemption: Protects up to $4,000 of equity in a motor vehicle.
  • Tools of the Trade: Certain tools and equipment necessary for your profession are also protected.

Consulting with a New Hampshire attorney can help you understand these exemptions and strategies to protect your property from seizure.

How can I stop debt collectors from calling me in New Hampshire?

To stop debt collectors from calling you in New Hampshire, you can:

  1. Send a Cease and Desist Letter: This letter requests that all communication cease. The collector can only contact you to confirm receipt or inform you of legal actions.
  2. Inform Them of Exempt Income: If your income is exempt from garnishment (e.g., Social Security), let the collector know.
  3. File a Complaint: If the harassment continues, file a complaint with the Consumer Financial Protection Bureau (CFPB) or the New Hampshire Attorney General’s office.
  4. Contact an Attorney: A consumer rights attorney can intervene on your behalf, send legal notices, and file a lawsuit if necessary.

These steps ensure that your rights are protected, and you can minimize unwanted contact from debt collectors.

Insurance and Settlement FAQs in New Hampshire

Why is terminology like “accident” vs. “negligence” important in New Hampshire personal injury cases?

The terminology you use in a personal injury case is crucial:

  • “Accident” vs. “Negligence”: Referring to an incident as an “accident” suggests that it was an unforeseen event with no one at fault. This can reduce the perceived liability of the responsible party and potentially lower your compensation. On the other hand, using the term “negligence” highlights that the other party failed to exercise reasonable care, making them legally responsible.
  • Impact on Compensation: Describing an incident as a result of negligence makes it clearer that the at-fault party’s actions or inactions directly caused your injuries, which strengthens your compensation claim.
  • Legal Implications: Mislabeling the nature of the incident can affect how your case is viewed by insurance companies, judges, or juries.

For this reason, it’s essential to work with a New Hampshire attorney who can accurately describe your case and ensure that the right terminology is used throughout.

What should I do if I’m unsure about my current insurance coverage in New Hampshire?

If you’re unsure about your insurance coverage in New Hampshire:

  1. Review Your Policy: Start by carefully reading through your policy to understand the types of coverage you have, including liability limits, medical payments (MEDPAY), and uninsured/underinsured motorist coverage.
  2. Contact Your Insurance Agent: Schedule a call or meeting with your agent to clarify any terms or coverage questions.
  3. Seek Legal Advice: A New Hampshire attorney can evaluate your policy to ensure you have adequate protection and advise on any additional coverage that may be beneficial based on state-specific risks.

Understanding your coverage is critical for financial protection in the event of an accident or claim.

Why is the settlement offer from my New Hampshire insurance company so low?

Insurance companies often start with low settlement offers for several reasons:

  • Minimizing Payouts: Insurers aim to settle claims for as little as possible to protect their profits.
  • Perceived Weakness in Your Claim: If the insurance company believes there’s insufficient evidence or doubts the severity of your injuries, they may offer a lower amount.
  • Pressure Tactics: Low initial offers may be used to pressure claimants into settling quickly, especially if they are in immediate financial need.

Working with a New Hampshire attorney can help you understand the true value of your claim and negotiate for a higher settlement amount.

What should I do if my insurance company denies my claim in New Hampshire?

If your insurance company denies your claim in New Hampshire:

  1. Request a Written Explanation: Ask for a detailed explanation of why your claim was denied. This will help you understand the insurer’s position and identify any discrepancies.
  2. Review Your Policy: Check the policy language to determine whether the denial is consistent with your coverage.
  3. Consult with an Attorney: A New Hampshire attorney can review the denial, help you challenge it if it’s unjustified, and explore other legal options to get your claim approved.

Don’t accept a denial at face value—insurance companies sometimes deny valid claims to avoid payouts.

How do insurance companies calculate the value of a personal injury claim in New Hampshire?

Insurance companies consider several factors when calculating the value of a personal injury claim in New Hampshire:

  • Medical Expenses: This includes the cost of hospital stays, treatments, medication, and future medical care.
  • Lost Wages and Earning Capacity: Compensation for any time you were unable to work and potential future earning losses.
  • Pain and Suffering: A subjective value is placed on the physical pain and emotional distress caused by the injury.
  • Degree of Fault: If you are partially at fault, your compensation may be reduced according to New Hampshire’s comparative negligence rules.

An experienced New Hampshire attorney can help ensure that all relevant factors are considered and that the value of your claim is not underestimated.

Why does it take so long to negotiate with insurance companies in New Hampshire?

Negotiations with insurance companies can take time for several reasons:

  • Claim Complexity: Cases involving serious injuries, contested liability, or multiple parties often require extended negotiations.
  • Insurance Company Tactics: Insurers may delay the process intentionally, hoping that claimants will settle for less out of frustration or financial need.
  • Documentation and Evidence: Gathering medical records, expert opinions, and other documentation can be time-consuming but is necessary to substantiate your claim.

Working with a New Hampshire attorney can expedite the process by handling communications, gathering evidence efficiently, and applying legal pressure when needed.

Can I still file a claim if the at-fault driver’s insurance isn’t enough to cover my damages in New Hampshire?

Yes, if the at-fault driver’s insurance isn’t enough to cover your damages, you have several options:

  • Underinsured Motorist Coverage: File a claim under your own underinsured motorist coverage if you have this type of policy.
  • Personal Assets of the At-Fault Driver: In some cases, you can pursue the at-fault driver’s assets to recover additional compensation.
  • Third-Party Liability: If another party is partially responsible (e.g., a defective vehicle part), you may be able to file a claim against them as well.

Consulting with a New Hampshire attorney will help identify all available avenues for full compensation.

What is uninsured/underinsured motorist coverage, and why is it important in New Hampshire?

Uninsured/underinsured motorist coverage (UM/UIM) is a type of insurance that protects you if the at-fault driver doesn’t have adequate insurance. In New Hampshire, where car insurance is not mandatory, this coverage is especially important because:

  • Protection Against Uninsured Drivers: UM coverage provides compensation if you’re injured in an accident caused by a driver without insurance.
  • Underinsured Motorist Coverage: UIM kicks in when the at-fault driver’s insurance isn’t enough to cover all your damages.
  • Peace of Mind: Given that some drivers in New Hampshire might not carry insurance, having UM/UIM ensures you’re not left without compensation after an accident.

Having UM/UIM is highly recommended to cover any gaps left by an at-fault driver’s lack of insurance.

How do I prove fault in a New Hampshire car accident claim?

Proving fault in a New Hampshire car accident claim requires a combination of evidence and legal strategies:

  1. Document the Scene: Take photos of the accident site, vehicle positions, damage, and any road conditions that may have contributed to the crash
  2. Collect Witness Statements: Gather contact information and statements from any witnesses who saw the accident.
  3. Obtain the Police Report: The police report often includes the officer’s opinion on fault and citations issued at the scene.
  4. Work with Experts: Accident reconstruction experts or medical professionals can provide testimony to support your claim.

A New Hampshire attorney can help compile and present this evidence effectively to establish the at-fault party’s liability.

What should I do if the insurance company delays my claim in New Hampshire?

If an insurance company delays your claim in New Hampshire:

  • Contact a New Hampshire Attorney: An attorney can pressure the insurer to expedite the process and hold them accountable for unnecessary delays.
  • File a Complaint: Report the delay to the New Hampshire Insurance Department. The state regulates insurers and can investigate claims of bad faith or unwarranted delays.
  • Document All Communication: Keep a record of all communications with the insurer, including dates, times, and summaries of conversations.

Taking these steps ensures that your claim is processed promptly and helps protect your rights.

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Attorney Buckley was great. He has excellent experience. He's very knowledgeable on the topics discussed. Gave sound advice. I'll use him again......Read more

testimony image Jesse

Attorney Buckley was great. He has excellent experience. He's very knowledgeable on the topics discussed. Gave sound advice. I'll use him again......Read more

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Attorney Buckley was great. He has excellent experience. He's very knowledgeable on the topics discussed. Gave sound advice. I'll use him again......Read more

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